[Constitution, Jefferson's Manual, and the Rules of the House of Representatives, 109th Congress]
[109th Congress]
[House Document 108-241]
[Congressional Disapproval Provisions Contained in Public Laws]
[Pages 1053-1060]
[From the U.S. Government Printing Office, www.gpo.gov]
[[Page 1053]]
BUDGET ENFORCEMENT ACT OF 1990
__________
In addition to adding titles V and VI to the Congressional Budget Act of
1974 (relating to credit reform and to budget agreement enforcement,
respectively), the Budget Enforcement Act of 1990 (tit. XIII, P.L. 101-
508) also included these free-standing provisions addressing the
budgetary treatment of social security.
excerpts from title xiii of p.l. 101-508
SEC. 13301. OFF-BUDGET STATUS OF OASDI TRUST FUNDS.
Subtitle C--Social Security
(a) Exclusion of Social Security From All Budgets.--Notwithstanding
any other provision of law, the receipts and disbursements of the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund shall not be counted as new budget
authority, outlays, receipts, or deficit or surplus for purposes of--
(1) the budget of the United States Government as submitted by
the President,
(2) the congressional budget, or
(3) the Balanced Budget and Emergency Deficit Control Act of
1985.
* * * * *
SEC. 13302. PROTECTION OF OASDI TRUST FUNDS IN THE HOUSE OF
REPRESENTATIVES.
(a) In General.--It shall not be in order in the House of
Representatives to consider any bill or joint resolution, as reported,
or any amendment thereto or conference report thereon, if, upon
enactment--
(1)(A) such legislation under consideration would provide for
a net increase in OASDI benefits of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
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utilized in the most
recent annual report of the Board of Trustees provided pursuant
to section 201(c)(2) of the Social Security Act, and (B) such
legislation under consideration does not provide at least a net
increase, for such 75-year period, in OASDI taxes of the amount
by which the net increase in such benefits exceeds 0.02 percent
of the present value of future taxable payroll for such 75-year
period,
(2)(A) such legislation under consideration would provide for
a net increase in OASDI benefits (for the 5-year estimating
period for such legislation under consideration), (B) such net
increase, together with the net increases in OASDI benefits
resulting from previous legislation enacted during that fiscal
year or any of the previous 4 fiscal years (as estimated at the
time of enactment) which are attributable to those portions of
the 5-year estimating periods for such previous legislation that
fall within the 5-year estimating period for such legislation
under consideration, exceeds $250,000,000, and (C) such
legislation under consideration does not provide at least a net
increase, for the 5-year estimating period for such legislation
under consideration, in OASDI taxes which, together with net
increases in OASDI taxes resulting from such previous
legislation which are attributable to those portions of the 5-
year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net increase
derived under subparagraph (B) exceeds $250,000,000;
(3)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes of at least 0.02 percent of the
present value of future taxable payroll for the 75-year period
utilized in the most recent annual report of the Board of
Trustees provided pursuant to section 201(c)(2) of the Social
Security Act, and (B) such legislation under consideration does
not provide at least a net decrease, for such 75-year period, in
OASDI benefits of the amount by which the net decrease in such
taxes exceeds 0.02 percent of the present value of future
taxable payroll for such 75-year period, or
(4)(A) such legislation under consideration would provide for
a net decrease in OASDI taxes (for the 5-year estimating period
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for such legislation under con
sideration), (B) such net decrease, together with the net
decreases in OASDI taxes resulting from previous legislation
enacted during that fiscal year or any of the previous 4 fiscal
years (as estimated at the time of enactment) which are
attributable to those portions of the 5-year estimating periods
for such previous legislation that fall within the 5-year
estimating period for such legislation under consideration,
exceeds $250,000,000, and (C) such legislation under
consideration does not provide at least a net decrease, for the
5-year estimating period for such legislation under
consideration, in OASDI benefits which, together with net
decreases in OASDI benefits resulting from such previous
legislation which are attributable to those portions of the 5-
year estimating periods for such previous legislation that fall
within the 5-year estimating period for such legislation under
consideration, equals the amount by which the net decrease
derived under subparagraph (B) exceeds $250,000,000.
(b) Application.--In applying paragraph (3) or (4) of subsection (a),
any provision of any bill or joint resolution, as reported, or any
amendment thereto, or conference report thereon, the effect of which is
to provide for a net decrease for any period in taxes described in
subsection (c)(2)(A) shall be disregarded if such bill, joint
resolution, amendment, or conference report also includes a provision
the effect of which is to provide for a net increase of at least an
equivalent amount for such period in medicare taxes.
(c) Definitions.--For purposes of this subsection:
(1) The term ``OASDI benefits'' means the benefits under the
old-age, survivors, and disability insurance programs under
title II of the Social Security Act.
(2) The term ``OASDI taxes'' means--
(A) the taxes imposed under sections 1401(a), 3101(a),
and 3111(a) of the Internal Revenue Code of 1986, and
(B) the taxes imposed under chapter 1 of such Code (to
the extent attributable to section 86 of such Code).
(3) The term ``medicare taxes'' means the taxes imposed under
sections 1401(b), 3101(b), and 3111(b) of the Internal Revenue
Code of 1986.
(4) The term ``previous legislation'' shall not include
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legislation enacted before fiscal year 1991.
(5) The term ``5-year estimating period'' means, with respect
to any legislation, the fiscal year in which such legislation
becomes or would become effective and the next 4 fiscal years.
(6) No provision of any bill or resolution, or any amendment
thereto or conference report thereon, involving a change in
chapter 1 of the Internal Revenue Code of 1986 shall be treated
as affecting the amount of OASDI taxes referred to in paragraph
(2)(B) unless such provision changes the income tax treatment of
OASDI benefits.
* * * * *
[[Page 1057]]
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For a discussion of the Federal budget process, including the current
vitality of the Balanced Budget and Emergency Deficit Control Act of
1985 (Gramm-Rudman), which sets forth executive budget enforcement
mechanisms, see House Practice, ch. 7.
``CONGRESSIONAL DISAPPROVAL''
PROVISIONS CONTAINED
========================================================================
[[Page 1059]]
IN PUBLIC LAWS
``CONGRESSIONAL DISAPPROVAL'' PROVISIONS CONTAINED IN PUBLIC LAWS
Sec. 1130. |
Congress has, from time to time, passed laws
reserving to itself an absolute or limited right of review by approval
or disapproval of certain actions of the executive branch or of
independent agencies. These laws, known as ``congressional disapproval''
statutes, usually envision some form of congressional action falling
into one of three general categories: (1) action by both Houses of
Congress on a bill or joint resolution requiring presidential signature;
(2) action by one or both Houses of Congress on a simple or concurrent
resolution; and (3) action by a congressional committee. Although
provisions in the first category remain viable, provisions in the latter
two categories should be read in light of Immigration and Naturalization
Service v. Chadha, 462 U.S. 919 (1983). In that case the Supreme Court
held unconstitutional as in violation of the presentment clause of
article I, section 7, and the doctrine of separation of powers the
provisions of the Immigration and Nationality Act contemplating
disapproval of a decision of the Attorney General to allow an otherwise
deportable alien to remain in the United States by simple resolution of
one House. That same year, the Supreme Court summarily affirmed several
lower court decisions invalidating provisions contemplating disapproval
of executive actions by methods described in both categories (2) and (3)
above. 463 U.S. 1216 (1983). Since then, Congress has amended several
``congressional disapproval'' statutes to convert provisions requiring
simple or concurrent resolutions to provisions requiring joint
resolutions.
|
[[Page 1060]]
theless, because the House retains the constitutional right to change
its rules at any time, the Committee on Rules may report a resolution
varying the statutorily prescribed procedures for the House.
Many ``congressional disapproval'' statutes prescribe special
procedures for the House to follow when reviewing executive actions.
These procedures, termed ``privileged procedures,'' technically are
Rules of the House, enacted expressly or impliedly as an exercise of the
House's rulemaking authority. At the beginning of each Congress, it is
customary for the House to re-incorporate by reference in the resolution
adopting its rules such ``congressional disapproval'' procedures as may
exist in current law. Never
Other ``congressional disapproval'' statutes prescribe no special
procedures for the consideration of executive actions. As a result,
those statutes contain no provisions that technically are rules of the
House; and thus they are not carried in this Manual. For a recent
listing of those statutes, see the House Rules and Manual for the 102d
Congress (H. Doc. 101-256).
Below is a compilation of the various provisions in ``congressional
disapproval'' statutes setting forth ``privileged procedures'' to be
followed by the House when considering executive actions, together with
any annotations of decisions of the Chair interpreting those provisions.
Although some annotations provide pertinent legislative history, this
compilation does not endeavor to provide a comprehensive record of
legislative history for every provision. Excerpts of the Balanced Budget
and Emergency Deficit Control Act, formerly carried after the
Congressional Budget Act, have been scaled down and moved to this
segment of the Manual for quick reference to the legislative procedures
therein. The primary enforcement mechanisms in the statute (such as
sequestration) are no longer carried because they are not legislative
procedures. However, sections 250, 251, and 252 operate in conjunction
with procedural provisions in title III of the Congressional Budget Act
of 1974, supra. Sections 258, 258A, 258B, and 258C primarily provide for
reporting and consideration of legislation in the Senate; therefore,
only portions of those sections are carried here. A more thorough
understanding of the statutory scheme requires the full statutory text
(see 2 U.S.C. 900).
Sec. 1130